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Health and Social Care Act 2001

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This is the original version (as it was originally enacted).

47Further provisions about directions in connection with directed partnership arrangements and Care Trusts

This section has no associated Explanatory Notes

(1)A direction given under section 46(1) (a “principal direction”) may make provision with respect to—

(a)any of the matters with respect to which provision is required to be made by the specified arrangements by virtue of regulations under section 31 of the Health Act 1999 (c. 8); and

(b)such other matters as the relevant authority considers appropriate.

(2)Without prejudice to the generality of subsection (1), the relevant authority may (either in a principal direction or in any subsequent direction) make provision—

(a)for the determination, whether—

(i)by agreement, or

(ii)(in default of agreement) by the relevant authority or an arbitrator appointed by the authority,

of the amount of any payments which need to be made by one body to another for the purposes of the effective operation of the specified arrangements, and for the variation of any such determination;

(b)specifying the manner in which the amount of any such payments is to be so determined (or varied);

(c)requiring a body specified in the direction to supply to the relevant authority or an arbitrator, for the purpose of enabling any such amount to be so determined (or varied), such information or documents as may be so specified;

(d)requiring any amount so determined (or varied) to be paid by and to such bodies as are specified in the direction;

(e)requiring capital assets specified in the direction to be made available by and to such bodies as are so specified.

(3)The relevant authority may, when giving a principal direction to any bodies to which section 46 applies, give such directions to any other such body as the authority considers appropriate for or in connection with securing that full effect is given to the principal direction.

(4)Before giving a principal direction to any bodies to which section 46 applies, the relevant authority may—

(a)direct either or both of the bodies in question to take such steps specified in the direction, or

(b)give such other directions,

as the authority considers appropriate with a view to enabling the authority to determine whether the principal direction should be given.

(5)Any direction given under any provision of section 45 or 46 or this section—

(a)must be given in writing; and

(b)may be varied or revoked by a subsequent direction under that provision.

(6)It is the duty of any body to which any such direction is given to comply with the direction.

(7)The revocation of a principal direction shall not affect the continued operation of the specified arrangements.

(8)In this section “the specified arrangements”, in relation to a principal direction, means the arrangements specified in the direction in pursuance of section 46(1).

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